A federal judge has rejected former coal executive Don Blankenship’s defamation and invasion of privacy claims against some of the country’s biggest media companies.
Blankenship, who served a year in jail for a federal misdemeanor related to safety practices at the mining company he ran, filed suit in 2019 against media companies that had referred to his penalty as a felony.
He was in the political spotlight in 2018 while running for the Republican nomination for a U.S. Senate seat. He claimed an organized effort to defeat his campaign through defamatory media coverage. He also claimed an invasion of his privacy in a false light.
Blankenship’s lawsuit was filed against companies that own Fox News, CNN, MSNBC, The Washington Post, Roll Call and, locally, The Charleston Gazette-Mail over a variety of errors in print and in on-air analysis that referred to his conviction as a felony.
U.S. District Judge John Copenhaver entered summary judgment in favor of the media outlets on Wednesday, concluding that Blankenship had failed to prove the errors were made with malicious intent.
Because Blankenship had entered the high-profile Senate race, Copenhaver concluded, the standard to prove wrongdoing by the media companies was higher than it would have been for the average citizen.
Copenhaver dismissed the media companies from the lawsuit.
“As explained in detail above,” Copenhaver wrote, “Mr. Blankenship has failed to produce clear and convincing evidence that could reasonably support a jury finding that the moving defendants acted with actual malice.”
In a Wednesday evening social media post, Blankenship described himself as “shocked and disappointed.”
“Other than that, I am at a loss for words,” he wrote.
My defamation case against multiple media outlets was dismissed by the federal court today. I am shocked and disappointed. Other than that, I am at a loss for words.
Thanks to all of you that understand and who were supportive of my efforts.
— Don Blankenship (@DonBlankenship) February 3, 2022
Blankenship served a year in jail on a misdemeanor conviction of conspiring to violate federal mine safety and health standards, related to the explosion of the Massey-owned Upper Big Branch mine that killed 29 miners.
His lawsuit contended that the felon accusation was intentionally spread, contributing to his loss in the 2018 Republican primary for U.S. Senate.